Prosecutor’s Transfer and Criminal Case Jurisdiction
Article 8. Mr. Kaew, Deputy Prosecutor of Nonthaburi Province, was assigned to handle and prosecute cases for a government agency, which was being sued. The agency was defendant before the Provincial Court. He gathered evidence to present to the court. Mr. Kaew received an order to transfer to serve as a public prosecutor at the Office of the Prosecutor of Samut Prakan Province, which is within the same district. The aforementioned government agency knew of this situation, and therefore issued a letter to the Director of the Office of the Prosecutor District, requesting that Mr. Kaew be instructed to handle this case. Specifically, only the criminal case. The civil case was returned to the agency for it to handle on its own. The Director of the Office of the Prosecutor District 1 issued a letter to the Attorney General requesting an order instructing Mr. Kaew to pursue the case only regarding the acquittal in the criminal case, while the Director of the Government Agency had issued an order to appoint Mr. Keng, a Thai barrister, to defend the civil case as follows: the actions of the Director of the Office of the Prosecutor District 1 are sufficient or not, and Mr. Keng will have the power to prosecute that case or not. The Attorney General, pursuant to Section 1 of the Office of the Prosecutors Act B.E. 2498 (1955), has the power to issue orders to prosecutors who serve in specific matters. The Director of the Office of the Prosecutor has the power to issue orders to prosecutors in a specific area within the district to pursue specific matters. Thus, (2) Mr. Kaew, who transferred to serve at the Office of the Prosecutor of Samut Prakan Province, pursued a specific case in the Nonthaburi Provincial Court, which is within the same district. The Director of the Office of the Prosecutor is the person authorized to issue orders without requiring the Attorney General to issue the order, therefore it does not comply with the duties prescribed by law for the Director of the Office of the Prosecutor District 1. (3 points) Regarding the case where the government agency wishes to appoint Mr. Keng, a government official, to defend the civil case at the Nonthaburi Provincial Court, it must obtain the approval of the Attorney General regarding the qualifications of the official who will be appointed. The Attorney General will inform the Ministry of Justice to inform the court. Therefore, the Director of the Government Agency did not act in accordance with the Office of the Prosecutors Act B.E. 2498 (1955), and Mr. Keng has no power to prosecute the acquittal of the civil case as ordered. (5 points)